MEMORANDUM. Subject: NFPA 1124 Proposed Tentative Interim Amendment (TIA) No. 1094

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1 National Fire Protection Association 1 Batterymarch Park, Quincy, MA Phone: Fax: MEMORANDUM To: From: NFPA Technical Committee on Pyrotechnics Elena Carroll, Administrator, Technical Projects Date: January 4, 2013 Subject: NFPA 1124 Proposed Tentative Interim Amendment (TIA) No The attached proposed Tentative Interim Amendment (TIA) is being submitted to you for letter ballot. This proposed TIA was submitted by The Technical Committee on Pyrotechnics. The Standards Council will consider the issuance of this TIA at their March 6 7, 2013 meeting. Please see Section 5 (copy enclosed) regarding the processing of TIAs from the Regulations Governing the Development of NFPA Standards. Please complete and return your ballot as soon as possible but no later than January 18, As noted on the ballot form, please return the ballot to Elena Carroll either via to ecarroll@nfpa.org or via fax to You may also mail your ballot to the attention of Elena Carroll at NFPA, 1 Batterymarch Park, Quincy, MA Note: Please remember that the return of ballots and attendance at committee meetings are required in accordance with the Regulations Governing the Development of NFPA Standards. Attachments

2 Section 5 Tentative Interim Amendments (TIAs). 5.1 Content of a Proposed Tentative Interim Amendment. Each Tentative Interim Amendment (TIA) shall be submitted to the Standards Council Secretary and shall include the following: (a) Identification of the submitter and his or her affiliation (i.e., Technical Committee, organization, company), where appropriate (b) Identification of the NFPA Standard, edition of the NFPA Standard, and paragraph of the NFPA Standard to which the TIA is directed (c) Proposed text of the TIA, including the wording to be added, revised (and how revised), or deleted (d) Statement of the problem and substantiation for the TIA (e) The signature of the submitter or other means of authentication approved by the Standards Council Secretary (f) Statement of the basis of conclusion that the TIA is of an emergency nature requiring prompt action (g) The written agreement of at least two members of the involved Technical Committee or Correlating Committee to the processing of the TIA. The agreement to the processing of the TIA is for the sole purpose to allow the TIA to be processed and does not necessarily imply agreement with the merits or emergency nature of the TIA. 5.2 Preliminary Screening of Proposed Tentative Interim Amendment. The Standards Council Secretary shall review all Proposed TIAs and may return to the submitter, without processing, any submission that does not conform to Section 5.1. In addition, the Standards Council Secretary may reject for processing any proposed TIA that does not manifestly appear to be of an emergency nature requiring prompt action. In exercising his or her discretion to reject a proposed TIA for processing, the Standards Council Secretary may consult with the responsible Technical Committee/Correlating Committee chairs and may consider, without limitation, whether the TIA submittal, on its face, does not state any adequate basis on which to conclude that it is of an emergency, whether it is unduly repetitive of issues already considered and rejected by the Technical Committee/Correlating Committee, or whether it is plainly frivolous. Where, however, there exists any reasonable question about the emergency nature of the proposed TIA or where the Standards Council Secretary determines that it is otherwise advisable for the TIA to be processed, the Standards Council Secretary shall submit the TIA for processing, and the question of emergency nature shall be considered anew and determined by the responsible Technical Committee and Correlating Committee. The text of a proposed TIA may be processed as submitted or may be changed, but only with the approval of the submitter. 5.3 Evaluation of Emergency Nature. Determination of an emergency nature shall include but not be limited to one or more of the following factors: (a) The NFPA Standard contains an error or an omission that was overlooked during a regular revision process. (b) The NFPA Standard contains a conflict within the NFPA Standard or with another NFPA Standard. (c) The proposed TIA intends to correct a previously unknown existing hazard. (d) The proposed TIA intends to offer to the public a benefit that would lessen a recognized (known) hazard or ameliorate a continuing dangerous condition or situation. (e) The proposed TIA intends to accomplish a recognition of an advance in the art of safeguarding property or life where an alternative method is not in current use or is unavailable to the public. (f) The proposed TIA intends to correct a circumstance in which the revised NFPA Standard has resulted in an adverse impact on a product or method that was inadvertently overlooked in the total revision process or was without adequate technical (safety) justification for the action. 5.4 Publication of Proposed Tentative Interim Amendment. A proposed Tentative Interim Amendment that meets the provisions of Section 5.1 shall be published indicating that the proposed Tentative Interim Amendment has been forwarded to the responsible Technical Committee and Correlating Committee for processing and that anyone interested may comment on the proposed Tentative Interim Amendment within the time period established and published. 5.5 Technical Committee and Correlating Committee Action. (a) The proposed Tentative Interim Amendment shall be submitted for Ballot and comment of the Technical Committee in accordance with The Technical Committee shall be separately Balloted on both the technical merits of the amendment and whether the amendment involves an issue of an emergency nature. Such Balloting shall be completed concurrently with the public review period. Any Public Comments inconsistent with the vote of any Technical Committee Member shall be circulated to the Technical Committee to allow votes to be changed. A recommendation for approval shall be established if three-fourths of the voting Members calculated in accordance with (c) have voted in favor of the Tentative Interim Amendment. (b) The proposed Tentative Interim Amendment shall be submitted for Ballot and comment of the Correlating Committee, if any, which shall make a recommendation to the Standards Council with respect to the disposition of the Tentative Interim Amendment. The Correlating Committee shall be separately Balloted on both the merits of the amendment (as it relates to the Correlating Committee authority and responsibilities in accordance with and 3.4.3) and whether the amendment involves an issue of an emergency nature. Any Public Comments inconsistent with the vote of any Technical Committee or Correlating Committee Member shall be circulated to the Correlating Committee to allow votes to be changed. A recommendation for approval shall be established if three-fourths of the voting Members calculated in accordance with (c) have voted in favor of the Tentative Interim Amendment. (c) All Public Comments, Ballots, and comments on Ballots on the proposed Tentative Interim Amendment shall be summarized in a staff report and forwarded to the Standards Council for action in accordance with Section Action of the Standards Council. The Standards Council shall review the material submitted in accordance with 5.5(c), together with the record on any Appeals (see Section 1.6, 1.6.1), and shall take one of the following actions: (a) Issue the proposed Tentative Interim Amendment.

3 (b) Issue the proposed Tentative Interim Amendment as amended by the Standards Council. (c) Where acted on concurrently with the issuance of a new edition of the NFPA Standard to which it relates, issue the Tentative Interim Amendment as part of the new edition. (d) Reject the proposed Tentative Interim Amendment. (e) Return the proposed Tentative Interim Amendment to the Technical Committee with appropriate instruction (f) Direct a different action. 5.7 Effective Date of a Tentative Interim Amendment. Tentative Interim Amendments shall become effective 20 days after Standards Council issuance unless the President determines, within his or her discretion, that the effective date shall be delayed pending the consideration of a Petition to the Board of Directors (see Section 1.7). The President may also, within his or her discretion, refer the matter of a delay in the effective date of the TIA to the Executive Committee of the Board of Directors or to the Board of Directors. 5.8 Publication of Tentative Interim Amendments. The NFPA shall publish a notice of the issuance of each Tentative Interim Amendment and may, as appropriate, issue a news release to applicable and interested technical journals. The notice and any news release shall indicate the tentative character of the Tentative Interim Amendment. In any subsequent distribution of the NFPA Standard to which the Tentative Interim Amendment applies, the text of the Tentative Interim Amendment shall be included in a manner judged most feasible to accomplish the desired objectives. 5.9 Applicability. Tentative Interim Amendments shall apply to the NFPA Standard existing at the time of issuance. Tentative Interim Amendments issued after the proposal closing date shall also apply, when the text of the existing NFPA Standard remains unchanged, to the next edition of the NFPA Standard. Tentative Interim Amendments issued concurrently with the issuance of a new edition shall apply to both the existing and the new editions Subsequent Processing. The Technical Committee responsible for the NFPA Standard or the part of the NFPA Standard affected shall process the subject matter of any Tentative Interim Amendment as Public Input for the next edition of the NFPA Standard (see Section 3.3) Exception. When the Standards Council authorizes other procedures for the processing and/or issuance of Tentative Interim Amendments, the provisions of this section shall not apply.

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5 Standards Council Decision (Final): D#12-17 Standards Council Agenda Item: SC# Date of Decision: 30 October 2012 NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2013 edition At its meeting of October 29-30, 2012, the Standards Council considered an appeal from Julie Heckman and William Koffel of Koffel Associates, Inc., representing the American Pyrotechnics Association (the APA ) regarding the consumer fireworks provisions of NFPA 1124, Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2013 edition. The appeal seeks the modification of directions for further processing the Standards Council set forth in Standards Council Decision #12-4 (Standards Council Agenda Item # , August 9, 2012) (the August 2012 Decision ). As discussed herein, the Council has declined to modify the directions in the manner requested and has, therefore, denied the appeal. In addition, and in light of the information presented, the Council has issued new directions for further processing. Background A Decision In Standards Council Decision D#08-19 (Standards Council Agenda Item # , July 24, 2008), (the 2008 Decision ) and in the August 2012 Decision, the Standards Council discussed in detail the history of NFPA standards development activities concerning the storage and retail sales of consumer fireworks. As discussed in those decisions, the NFPA has long opposed the use of fireworks by consumers and other members of the general public. Nevertheless, despite that opposition, and because the use of consumer fireworks was allowed in most states, the NFPA Board of Directors, in 1999, authorized the development of standards concerning the retail sale of consumer fireworks. This led eventually to the incorporation of consumer storage and retail sales provisions ( the consumer fireworks provisions ) into an expanded Chapter 6 and a new Chapter 7 of the 2003 edition of NFPA 1124 and, later, of a revised 2006 edition. Throughout these standards development activities described above, the Standards Council expressed concerns about the technical substantiation for the consumer fireworks provisions, that were later confirmed in an October 2007 Fire Protection Research Foundation report. See, Jonathan Perricone, P.E., Schirmer Engineering Corp., Fire Safety in Consumer Fireworks Storage and Retail Facilities Hazard Assessment (Fire Protection Research Foundation October 2007). The Council then proceeded to weigh the factors for and against the continued development of the consumer fireworks provisions. The Council cited a number of factors weighing against continued development. The Council, however, was mindful of countervailing views expressed, SC# Page 1 of 6 D#12-17

6 most importantly, by the enforcement community. (See 2008 Decision at pp. 3-4.) Said the Council: [The enforcement community and others] urge that the retail storage and sales provisions of NFPA 1124, even though imperfect, are essential to their enforcement activities as these provisions establish some undeniably important limits on the storage and retail sale of consumer fireworks. Indeed, this has been the argument that caused the Council and the NFPA Board to even entertain the possibility of having NFPA develop standards in this area despite the strong institutional policy against the use of consumer fireworks. (See 2008 Decision at p. 4.) The Council stressed that it did not subscribe to the view that the development of a standard by the NFPA is invariably better than no NFPA standard. Indeed, said the Council: It is possible that a standard set at a low level and without adequate support can, at some point, impede rather than promote progress and safety. NFPA does not wish to be associated with sustaining a weak standard, without limit, based solely on the argument that it is better than nothing. (Id.) It concluded, however, that it might still be possible to materially improve and validate the standards. The Council, therefore, decided to allow the consumer fireworks provisions to remain in place in NFPA 1124, extending no further than the 2012 Annual Revision Cycle. In doing so, however, the Council prescribed special conditions for the processing of the consumer fireworks provisions through the next revision cycle of NFPA The prescribed conditions are set forth in detail in the 2008 Decision and will not be repeated here, but in brief, the Council identified, based primarily on the Research Foundation Report, nine subject areas of concern regarding the consumer fireworks provisions. The Council directed the Technical Committee on Pyrotechnics (the Pyrotechnics Committee ) to develop and properly substantiate relevant provisions in NFPA 1124 concerning each of those nine subject areas. For each of the nine subject areas, the Council designated an NFPA technical committee with relevant expertise to act as an "Approval Committee." It then directed the Pyrotechnics Committee to correlate with these Approval Committees during the revision cycle. By the end of the cycle, the provisions proposed for each subject area had to be formally approved by the designated Approval Committee. (See 2008 Decision at pp ) The Standards Council indicated that, should the processing of the next edition of NFPA 1124, including compliance with the special conditions, not be completed by the close of the 2012 Annual Revision Cycle, further NFPA standards development activities concerning the storage and retail sales of consumer fireworks would cease and, the Council would take the following actions: Revise the scope of the Technical Committee on Pyrotechnics so that it no longer covers the storage and retail sales of consumer fireworks, and SC# Page 2 of 6 D#12-17

7 Take steps to revise the scope of NFPA 1124 to exclude the storage and retail sales of consumer fireworks and delete Chapter 6 and Chapter 7 from NFPA (See 2008 Decision at p. 6.) B. August 2012 Decision After the completion of the Annual 2012 Revision Cycle, the proposed 2013 edition of NFPA 1124 was presented to the Standards Council at its August 2012 meeting for issuance. As set forth in the 2012 Decision, the Council first considered whether the special conditions of the 2008 Decision had been met. A review of the record revealed that the approvals process functioned as the Standards Council intended for eight of the nine subject areas. In the ninth subject area, however - the important subject of sprinkler design criteria - the processing and technical substantiation had not, in the Council s view, been adequate. In particular, although the APA and others had initiated the development of a test plan through the Fire Protection Research Foundation, and the Research Foundation issued the test plan in September of 2011 (Aon Fire Protection Engineering Corp., Sprinkler Protection Criteria for Consumer Fireworks Storage in Retail Facilities: Concept Test Plan [Fire Protection Research Foundation, September 2011; the Research Foundation Test Plan ]), no testing had been performed and consequently no data generated to support the development of sprinkler design criteria. (See August 2012 Decision at pp. 3-5.) Despite the inadequacies in the processing of the sprinkler design criteria, the Council, with some reluctance, decided to issue the new edition of NFPA 1124 with the consumer fireworks provisions. As the Council explained: The inadequacies just described form a sufficient basis for the Council to conclude, in accordance with the 2008 Decision, that the NFPA should not continue to develop standards for the storage and retail sales of consumer fireworks. These inadequacies aside, however, the Council is mindful of the efforts that have gone into the processing of the consumer fireworks provisions. These efforts have resulted in approvals in accordance with the 2008 Decision for eight of the nine subject areas. The consumer fireworks provisions of proposed new edition of NFPA 1124 clearly constitute a significant step forward. Moreover, the [NFPA 13 Technical Committee on Sprinkler Discharge Criteria, acting as the Approval Committee] regarded an engineering analysis as an acceptable interim measure for some period of time until test data was available, and [the Research Foundation Test Plan] is ready for implementation. (See August 2012 Decision at p.6.) Because of the continued lack of the called-for test data to support sprinkler design criteria, the Council issued the new edition of NFPA 1124 with directions for further processing. Specifically, it was determined that the consumer fireworks provisions would remain in place for no longer than one year. During that year, the full scale fire tests set forth in the Research Foundation Test Plan should be completed and the results used to formulate requirements for sprinkler system design criteria and installation for both the storage and retail sales of consumer fireworks. Depending on whether or not the Research Foundation Test Plan was completed in the prescribed timeframe, the Council directed that the Pyrotechnics Committee complete one of the following two options for Council consideration no later than the Council s August 2013 meeting: SC# Page 3 of 6 D#12-17

8 1. Process a Tentative Interim Amendment (TIA) incorporating provisions derived from data from full scale fire tests for sprinkler design criteria. 2. Process a TIA to limit the threshold of all permanent Consumer Fireworks Retails Sales (CFRS) facilities and stores to below 3000 ft 2 for new buildings and 7500 ft 2 for existing buildings (i.e., the threshold below which automatic sprinkler systems are not required in accordance with Section 7.3.6). (See August 2012 Decision at pp. 7-8.) The August 2012 Decision went further to direct that should neither option be presented to the Standards Council by its August 2013 meeting, it was the intention of the Council to issue a TIA to revise the scope of NFPA 1124 to exclude the storage and retail sales of consumer fireworks and to delete Chapters 6 and 7 and related material throughout NFPA 1124, and to withdraw related test standards. (See August 2012 Decision at p. 8.) Decision A. The Appeal. The APA, in the current appeal, now seeks modifications to the directions given in the 2012 Decision. When the appeal was initially submitted, the modification was simply to extend the deadline for completing Research Foundation Test Plan by at least 6 months beyond the mandated timeframe. At the hearing on the appeal and in a written addendum filed shortly before that hearing, the APA revised this request. In addition to an extension of time, the revised request now, for the first time, seeks to abandon the Research Foundation Test Plan and conduct testing according to another, as yet to be fully determined, alternative test strategy. It has been clear since 2008 that a test program would be required in order to substantiate sprinkler design criteria for the consumer fireworks provisions of NFPA Although such a program had to be developed and completed in time for the use by the close of the 2012 Annual Revision Cycle, there was considerable delay before the industry even approached the Fire Protection Research Foundation to initiate the development of a test plan. As a consequence, it was not until September of 2011, more than three years after the 2008 Decision, that the Research Foundation Test Plan Report was released. As the close of the 2012 Annual Revision Cycle came and passed, no effort was made to even begin any testing; and when the new edition of NFPA 1124 was presented to the Council, no explanation was provided. It was against this history of delay, that the Council, in issuing the new edition of NFPA 1124, set a firm deadline of August 2013 for the completion of the Research Foundation Test Plan. Until the filing of the addendum to this appeal, no question has been raised about the Research Foundation Test Plan. The APA now seeks a further extension of time to conduct testing and, for the first time, questions the necessity, on financial grounds, of conducting the Research Foundation Test Plan. Beyond vague representations, it offers little in the way of specifics on what an alternative test plan should be, nor any independent assessment as to how such a plan would provide an adequate alternative to the Research Foundation Test Plan. The Council has found no basis on which to allow a further delay in order to open up, for a SC# Page 4 of 6 D#12-17

9 complete reassessment, the test plan needed to support development of the sprinkler design criteria. Accordingly, the Council has voted to deny the appeal. B. Directions for Processing. The APA representatives have made clear that the first option given in the Council s August 2013 deadline for completion of the Research Foundation Test Plan and a corresponding TIA will not be met. There is no reason, therefore, for the Council to wait until its August 2013 meeting to consider further actions. Rather, given all of the information now available to it, the Council has voted to process a NFPA 1124 TIA for issuance at the March 2013 Standards Council meeting that (similar to option 2 of the August 2012 Decision) will limit storage and retail sales facilities to those facilities which NFPA 1124 does not now require to have automatic sprinkler systems. Specifically, the Council is, in accordance with its authority under the Regulations Governing Committee Projects at Section 5.11, directing the processing of a TIA as follows. The Council directs NFPA staff to work with the Pyrotechnics Committee to develop the appropriate language for a TIA that limits all permanent Consumer Fireworks Retail Sales (CFRS) facilities and stores to the thresholds below which automatic sprinkler systems are not required. The Council notes that these thresholds relate to the size of the facility in Chapter 7 (as noted in Option 2 of the August 2012 Decision), but also to the quantity of materials in Chapter 6, and possibly other provisions. The Pyrotechnics Committee shall be balloted only on the question of whether the language of the TIA achieves the limitations on CFRS facilities and stores set forth above. The issuance of the TIA will be considered by the Council at its March 2013 meeting. The Council has chosen this course of action because, by effectively eliminating the need for sprinkler design criteria in the consumer fireworks provisions, it addresses the reality that the Research Foundation Test Plan will not be completed and sprinkler design criteria developed and incorporated into NFPA 1124 within the timeframe required by the August 2012 Decision. It does so in a way that leaves in place the remaining consumer fireworks provisions that the Council agreed to issue in August of These provisions, as the Council stated in the August 2012 decision, were adequately processed in accordance with the 2008 Decision and clearly represented a significant step forward in the development of standards for the retail storage and sales of consumer fireworks. This action, moreover, leaves open the opportunity to add sprinkler design criteria into the consumer fireworks provisions of NFPA 1124 in the future, once appropriate testing has been completed. The Standards Council still believes the full scale testing to determine the appropriate sprinkler design criteria for consumer fireworks facilities is an important endeavor, and the appellants or others will now have an opportunity to complete the necessary testing in a timeframe of their choosing. The Research Foundation Test Plan is a rigorous third-party developed plan that has been anticipated by all as the approach that would be used to conduct full scale testing. Since time will no longer be of the essence, interested parties are free to challenge aspects of the Research Foundation Test Plan or explore alternatives. Those proposing any SC# Page 5 of 6 D#12-17

10 alternative test plan, however, will bear a heavy burden of demonstrating that any such plan is a valid alternative to the Research Foundation Test Plan. In order to meet this burden, proponents should submit a report of the Research Foundation or other reputable independent third party research and testing entity. The report should provide validation that any proposed alternative test plan can provide appropriate and sufficient data to technically substantiate sprinkler design criteria, and should explicitly detail why the alternative plan offers a valid equivalent to the Research Foundation Test Plan. Should an alternative third-party validated test plan be developed, it should be submitted to the Standards Council as part of any request to recommence the development of sprinkler design criteria for CFRS facilities and stores. Prior to consideration by the Standards Council, the alternative test plan should be reviewed by the NFPA 13 Technical Committee on Sprinkler System Discharge Criteria (the Discharge Committee ), as the Council-designated Approval Committee, and an informational ballot should be conducted soliciting the committee s views on whether the alternative test plan has been adequately validated in the manner set forth above. Finally, should the Council permit the recommencement of standards development activities related to sprinkler design criteria - following either the completion of the Research Foundation Test Plan or an accepted alternative - these activities should comply with the special procedures outlined in the 2008 Decision, and any provisions relating to sprinkler design criteria should, in addition to processing by the Pyrotechnics Committee, be approved by the Discharge Committee, acting as the Approval Committee. Council Member, Daniel O Connor recused himself during the deliberation and vote on this issue. SC# Page 6 of 6 D#12-17

11 NFPA Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles TIA Log No.: Reference: 2.2, 6.1.3, 6.5.1, , , , , 7.3.6, 7.3.7, , , , 7.5.4, A.6.5.1, A , A.7.3.6, A.7.3.7, A , and Index Comment Closing Date: February 13, 2013 Submitter: Technical Committee on Pyrotechnics 1. Delete the reference in 2.2 to NFPA 13 as follows: NFPA13, Standard for the Installation of Sprinkler Systems, 2013 edition. 2. Revise to read as follows: This chapter shall not apply to buildings or facilities where the net weight of the pyrotechnic content of consumer fireworks stored does not exceed 125 lb (56.7 kg), or 250 lb (113.4 kg) where the building is protected throughout with an approved automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems. 3. Revise and delete to read as follows: 6.5 Fire Protection * Automatic Sprinkler System. An automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, shall be provided in consumer fireworks storage buildings greater than 12,000 ft 2 (1115 m 2 ). Consumer fireworks storage buildings shall be limited to no greater than 12,000 ft 2 (1115 m 2 ) in area * Reserved. 4. Revise to read as follows: The wwaterflow alarm devices, if installed, shall be arranged to activate audible and visible alarms throughout the facility in accordance with NFPA 72, National Fire Alarm and Signaling Code. 5. Revise and to read as follows: The requirements of this chapter shall not apply to permanent CFRS facilities and Class A and Class B stores where the consumer fireworks are in packages, there are no quantities of aerial devices meeting the descriptions in C.3.1.2, and the total quantity of consumer fireworks on hand does not exceed 125 lb (net) [ kg] of pyrotechnic composition or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, 250 lb (net) [113.6 kg] of pyrotechnic composition The requirements of this chapter shall not apply to temporary CFRS facilities and Class C stores where the consumer fireworks are in packages and where the total quantity of consumer fireworks on hand does not exceed 125 lb (net) [ kg] of pyrotechnic composition or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, 250 lb (net) [113.6 kg] of pyrotechnic composition, except as specified in Revise and and to read as follows:

12 7.3.6* An automatic sprinkler system designed and installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, shall be provided throughout permanent CFRS facilities and stores in which CFRS are conducted in the following buildings: CFRS Facilities and stores shall be limited to the following sizes: (1) New buildings greater than 3000 ft 2 (278.7 m 2 ) in area (2) Existing buildings greater than 7500 ft 2 (694 m 2 ) in area (1) New permanent CFRS facilities and stores in which CFRS are conducted shall be no greater than 3000 ft 2 (278.7 m 2 ) in area. (2) Existing permanent CFRS facilities and stores in which CFRS are conducted shall be no greater than 7500 ft 2 (696.8 m 2 ) in area * Storage Rooms. Storage rooms containing consumer fireworks in a new permanent CFRS facility or store shall be protected with an automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, and separated from the retail sales area by a fire barrier having a fire resistance rating of not less than 12 hours Door and window openings in the fire barrier wall shall be protected by self-closing fire doors or fixed fire windows having a fire protection rating of not less than 1 hour 90 minutes and shall be installed in accordance with NFPA80, Standard for Fire Doors and Other Opening Protectives. 7. Delete in its entirety as follows: Where the new CFRS facility is protected per NFPA 13, Standard for the Installation of Sprinkler Systems, the fire resistance rating of the fire barrier required by shall be permitted to be not less than 1 hour. 8. Revise as follows: Fire Protection Automatic Sprinkler System Alarm. Any waterflow alarm device Waterflow alarm devices, if installed, shall be arranged to activate audible and visual alarms throughout the CFRS facility in accordance with NFPA 72, National Fire Alarm and Signaling Code. 9. Delete in its entirety as follows: Flame breaks shall be allowed to be omitted in stores protected throughout with an automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems. 10. Revise A and delete A , A.7.3.6, A.7.3.7, and A to read as follows: A Where cconsumer fireworks storage buildings that are subdivided with fire walls meeting the requirements of NFPA 5000, Building Construction and Safety Code, so that no area exceeds 12,000 ft 2 (1114 m 2 ), an automatic sprinkler system is not required because each area is are each considered a separate building. A Appropriate sprinkler system design criteria should be determined based on an engineering analysis prepared by a fire protection engineer.

13 A Appropriate sprinkler system design criteria should be determined based on an engineering analysis prepared by a fire protection engineer. A See A A For existing buildings, appropriate sprinkler system criteria should be determined based on an engineering analysis prepared by a fire protection engineer. 11. Under index entry Storage of Consumer Fireworks, subhead Fire Protection, delete the following: Automatic Sprinkler System.6.5.1, A Submitter s Substantiation: The proposed TIA intends to revise NFPA 1124 (2013 edition) in accordance with the Standards Council Decision D#12-17 issued December 14, Because the full scale testing required to adequately support the requirements in the code for the design and installation of sprinkler protection has not been completed, the Council directed the development of this TIA to remove such requirements until such testing has been conducted and the results have been validated for use in the code. The primary edits proposed by this TIA are those to paragraph and where the applicability provision is established based upon a quantity of consumer fireworks. The option for increasing that threshold has been removed in these paragraphs as the option was dependent upon protection with an approved automatic sprinkler system. This change is consistent with the direction in the Council s decision. The other key edits are to paragraph which currently requires automatic sprinkler protection for new or existing CFRS facilities and stores exceeding a specific size threshold. The proposed change limits both new and existing facilities and stores to a size that is below the prior threshold so that automatic sprinkler systems would not be required. Other changes proposed in Chapter 6 are made to be consistent with the primary edits highlighted by the Standards Council in its Decision, D# The edits to paragraph are consistent with those described in paragraph and The edits in Section 6.5 establish a single area limitation for consumer fireworks storage buildings using the existing 12,000 ft2 (1115 m2) area specification as a maximum threshold since increasing the area where sprinkler protection has been provided is no longer an option. The edit to paragraph clarifies the use of waterflow alarms; the alarms are not required, but if provided they shall function in accordance with NFPA 72, National Fire Alarm and Signaling Code. Paragraph has been modified in this proposed TIA to increase the fire resistance rating of the fire barrier to 2 hours, which is consistent with the requirement in Paragraph , which is proposed for deletion permitted a reduction in the fire resistance rating from 2 hours to 1 hour, where protected by an automatic sprinkler system. Since that protection is no longer permitted, the reduction is not permitted and thus paragraph is proposed for deletion. The fire resistance rating in these 2 paragraphs is now consistent at 2 hours with these proposed edits. Paragraph is proposed to be edited due to the change in Where the 2-hour fire resistance rating is now established for the fire barrier, NFPA 101, Life Safety Code, requires the door and window opening protection to have a fire protection rating of not less than 90 minutes; so this paragraph is proposed to be edited from 1 hour to 90 minutes. Paragraph is modified in a manner consistent with the change described above for paragraph Paragraph is proposed for deletion due to the removal of automatic sprinkler system requirements. The option to omit flame breaks is no longer applicable.

14 Proposed edits to annex items are based on the above modifications and are intended to be consistent with the corresponding entries in Chapter 6 and 7 described above.

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